ES-CHARTER-L1.1

The state charter rulebook: which instrument does what

ES-CHARTER-M1 · The Legal Framework · ES-CHARTER-M1-A Which state instruments govern charter, how the contract chain works, and the 12-passenger ceiling.

Spanish charter compliance is spread across **a dozen instruments**. Knowing which one answers which question saves hours at the Capitanía.

Framework

Governing: the instruments listed below, as consolidated on the BOE at 30 Dec 2025. Builds on: Working on Yachts in Spain: Titles, Flags & Charter Law.

The map

Question Instrument Key articles
What is a charter contract, and what rules can't be contracted out of? Ley 14/2014 de Navegación Marítima (LNM) arts. 307–313; 188 and 314 for owner–operator contracts
Which register, and how is the boat marked? RD 1435/2010 (lists 6ª and 7ª) arts. 2–8
What safety kit, ≤24 m? RD 339/2021 arts. 3–23
What rules, >24 m? RD 804/2014 (buques de recreo) arts. 3–13, 25–30
Despacho, rol, enrolment, change of use, fines RONM, RD 186/2023, as amended by RD 1188/2025 arts. 2, 9, 11–26, 47–55
Who may skipper and crew RD 269/2022 (professional), RD 875/2014 (recreational, bareboat, habilitaciones) art. 93; DA 3ª, arts. 34–36
Insurance floors RD 607/1999 (liability), RD 1575/1989 (travellers' accident)
Interim or technical rules DGMM resolutions and service instructions Res. 17 Jul 2025; IS 2/2021

The operator's own filing

The ministry's charter page says that, under the RONM, a charter business files a declaración responsable for particulars and companies in arrendamiento náutico, signed by the owner, operator or charterer, with the updated crew list, and keeps two policies in force: third-party liability and accident cover for everyone aboard. It is a business activity, so tax and (where relevant) regional obligations apply as well.

Recent history in four dates

  • 15 Aug 2025: the RONM despacho, rol and enrolment chapters apply.
  • 22 Jul 2025: DGMM Resolution of 17 Jul 2025 sets interim change-of-use conditions.
  • 31 Dec 2025: RD 1188/2025 in force: change of use in RONM art. 9, one-year limit on simplified despacho, foreign-crew database.
  • 1 Oct 2026: no-title exception for small motorboats limited to private use.

WARNING — Repealed but still quoted You will still see Orden FOM/1144/2003 (equipment, repealed from 1 Jul 2021 by RD 339/2021), RD 973/2009 (professional titles, repealed by RD 269/2022), the 1985 charter Order (repealed by the RONM) and RD 1696/2007 (medicals, replaced by RD 505/2024). Even RD 804/2014 art. 7.2 and RD 875 art. 5 still cite RD 973/2009. Read old checklists with care.

The regional layer

The state regulates the ship, the crew and the voyage. Regions may regulate charter as a tourism and leisure activity. The Balearic Islands do so through Decreto 44/2025, which requires a regional declaration per boat and bans charter by boats on a temporary change of use. That conflict is taken up in L2.3; the Balearic procedure itself is in Balearic Charter Compliance.

TIP — Read the consolidated text Always use the BOE texto consolidado and check the "última actualización" line. RONM art. 9 has two versions, and only the 31 Dec 2025 text is current.

How this course runs

Module 2 deals with the vessel, Module 3 with the people, Module 4 with kit and insurance, Module 5 with despacho and crew records, and Module 6 with foreign flags and tax.

Independent study. xplor is not affiliated with the Dirección General de la Marina Mercante, any Spanish regional government or the Govern de les Illes Balears, and awards no title, certificate or endorsement. Despacho, change-of-use authorisations and charter declarations are granted only by the Capitanías Marítimas, the DGMM or the competent region, and tax points need a qualified adviser. AI-drafted content pending subject-matter-expert review.